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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can bring your family and you closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit may award your family compensation for child's medical bills and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can speed up the legal process considerably and prevent your family from having a jury or judge decide the case. If your family is not able to agree on a settlement, you will need to appear in the court. This could take a long time but it could also result in a higher amount.

The brachial nerves regulate the movement of the arm. A forceful pull on the head, neck, shoulders or arms during labor and deliverylike when doctors employ forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. In many cases, this injury can be prevented. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to raise the word about this birth injury that could have been avoided. In the past, these lawsuits have helped families receive an appropriate financial settlement to support their child's future.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence, and suffered from brachial sprains, an erb's palsy lawyer Palsy settlement can help you pay for their treatment. This could include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits settle outside of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers will most likely try to come to an agreement before the trial starts.

If you are not able to reach an agreement, your case will go to arbitration. A neutral third party will be able to hear both sides and decide who will win the case. The hearing may be more informal than a trial, but it is important to provide witnesses and evidence in the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person, or you can present their testimony through video conference. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have their addresses and phone numbers on file in the event that they are needed as a witness in the future.

Complaint in Court

Many children who suffer from erb's palsy lawyers palsy can overcome physical limitations with regular physical therapy. Some children require surgery to repair damaged nerve fibers. Many children are not able to recover and will have to live their lives with the consequences of this birth injury. Parents who believe their child's Erb's palsy was the result of medical negligence during the birth process have the right to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition. They will create an annual cost of living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also assist to obtain copies of your child's medical records, and look into whether or not the doctor who treated your child's treatment had a previous record of malpractice cases.

Once your lawyer has a clear understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a crucial part of your legal case because it helps you build your arguments. It can take up an entire year to negotiate a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to get compensation that covers medical expenses and future treatment costs such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records as well as witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals who provided your child with. The defendants will then be given a specific period of time to respond to the suit, and during this discovery stage, both sides will gather more evidence to support their assertions.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it is cheaper for all parties involved. If your attorney is convinced that they will win the case in court, they might decide to pursue it to the jury for a verdict. A successful verdict in a birth injury lawsuit could provide families with a sense justice and can help increase awareness to prevent these kinds of injuries from happening in the future. However, if the verdict is not in your favor then you may appeal the decision. This procedure could take longer, but it could increase the amount you are awarded.